Witnesses: Man didn't fire first

Thursday

Jan 10, 2013 at 12:01 AMJan 10, 2013 at 8:16 AM

STOCKTON - The mother of a man who was shot by police Saturday night and neighbors who heard the gunfire are raising questions about authorities' claims that 20-year-old Jeremy Fleming fired a shotgun at officers before they opened fire on him.

Jason Anderson

STOCKTON - The mother of a man who was shot by police Saturday night and neighbors who heard the gunfire are raising questions about authorities' claims that 20-year-old Jeremy Fleming fired a shotgun at officers before they opened fire on him.

"I know what a shotgun sounds like, and a shotgun didn't go off," said Michael Walker, who heard the shots from his living room across the street. "There were nine or 10 shots, and it all sounded like pistols. It was a low-caliber gun - not a shotgun."

Police initially said Fleming fired the shotgun at them as they approached him in the garage of a home in the 500 block of Cimarron Avenue shortly before 9 p.m. Saturday. Officer Joe Silva, a spokesman for the Stockton Police Department, on Wednesday amended earlier statements, saying officers heard a loud noise as they entered the garage to find Fleming armed with a shotgun.

"Officers stated they heard a loud bang consistent with a shotgun being fired," Silva said. "At this point, officers believed they were being shot at and were immediately confronted by Fleming, who was behind a vehicle in the garage, pointing a shotgun at the officers."

Silva said firearm evidence found at the scene will help authorities determine whether Fleming fired his weapon. The shooting is being reviewed as part of a standard multiagency protocol investigation.

Fleming, who was later found to be under the influence of PCP and alcohol during the incident, sustained multiple non-life-threatening gunshot wounds, police said. He remains at Stanford Hospital, authorities said.

Fleming was arrested on suspicion of attempted murder of a police officer and other weapons-related crimes, authorities said. He has not spoken publicly since the shooting, but his mother, Regina Martinez, told Fox40 her son did not fire at police.

"My son didn't shoot anyone," she said. "The police shot him."

A neighbor who asked to remain anonymous because he feared for his safety said he was standing outside his home when the shooting started. He said he heard eight or nine shots, adding that all the shots sounded the same.

Another neighbor who asked not to be identified offered a similar account. "It all sounded like a handgun to me, but either way, (Fleming) still had a gun," the neighbor said. "If he didn't want to use it, he should have put it down."

Sgt. Matthew Garlick and Officer Kyle Amant were placed on a three-day paid administrative leave following the shooting, authorities said.

Silva said officers are trained to assess dangerous situations and must react quickly when faced with people who are armed.

"One of the most dangerous aspects of being in law enforcement is a confrontation with an armed suspect who is pointing a weapon at you," Silva said. "As a police officer, at that very moment, you only have a split second to react and stop the immediate threat that the armed suspect presents you.

"Officers don't only have the right to protect themselves during an armed confrontation, but we are obligated to protect our citizens, who could also be in immediate danger due to an armed suspect," Silva said.